HANSARD
Waste and Agriculture (Legislative Functions) Regulations 2022
- Considered in Grand Committee
- Moved by
- That the Grand Committee do consider the Waste and Agriculture (Legislative Functions) Regulations 2022Relevant document: 27th Report from the Secondary Legislation Scrutiny Committee
- My Lords, the instrument before us was laid before the House on 13 January. It makes small but crucial changes to repatriate powers to the UK and correct an error in a previous agriculture SI by restoring an accidentally omitted definition of an appropriate authority. This instrument covers two subject areas: waste management and agriculture. I shall take them in turn.First, for waste management, this instrument transfers powers relating to several directives concerning waste from the European Commission to the Secretary of State. Where appropriate, these powers are also transferred to the devolved Administrations. The powers will largely give the Secretary of State and, where appropriate, the DAs, the ability to make regulations to set various technical standards, criteria, thresholds, and conditions. All these standards are currently operational, and we do not anticipate the need to alter them soon. However, there may be a need to amend them in future. For instance, should a superior waste treatment method be developed, without the amendments made by this SI we would not be able to make regulations to take account of the new method, which may weaken our high environmental standards.I shall briefly outline the power, or powers, being transferred from each EU directive. Regulation 5 transfers the power to set standards for the sampling of waste going to landfill from the landfill directive. Regulations 6 to 9 transfer powers from the end-of-life vehicles directive to update and modify exemptions covering the use of certain heavy metals in vehicles based on scientific or technical progress; to specify minimum requirements for the certificate of destruction for waste motor vehicles; to modify conditions for storage and treatment for waste motor vehicles in line with scientific or technical progress; and to specify material and component coding standards for vehicles.Regulations 10 to 11 transfer powers from the mining waste directive to modify non-essential elements such as guidelines for inspecting waste facilities and sampling methods, and to update regulations in line with scientific and technical progress. Regulations 12 to 13 transfer powers from the batteries directive to specify export criteria and to grant exemptions from labelling requirements for batteries and accumulators.Regulations 14 to 17 transfer powers from the waste framework directive: first, powers to prescribe detailed criteria for what substances may be considered a by-product of a manufacturing process rather than a waste product, whereupon it can be sold or treated differently; secondly, powers to prescribe detailed criteria for when waste may no longer be considered waste, such as if the substance can be put to a more useful purpose elsewhere; and, finally, powers to specify the application of the formula for incineration facilities.Regulations 18 to 20 transfer powers from the waste electricals and electronic equipment directive to update selective minimum treatment technologies for waste electrical and electronic equipment, or WEEE; to update the technical requirements for WEEE treatment and storage operations and the non-exhaustive list of products listed as falling into each of the categories specified in the WEEE directive; and to update the crossed-out wheeled bin symbol. These powers could, for example, be used to tighten treatment requirements of substances in WEEE found to be hazardous to health and the environment. The powers, apart from those relating to the batteries directive and the mining waste directive, will apply in England, Wales, Scotland, and Northern Ireland. The powers relating to the batteries directive and the mining waste directive will apply in England, Wales, and Scotland but not in Northern Ireland.